There is a point on fundamental rights, that ....
They act as a check on the arbitrary powers and acts for the government.
Can anyone plz explain it's meaning?
shreya3549:
hey
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According to me it means that our fundamental rights provide us the right to know about the functioning and working of government our fundamental rights play a role of an eye on the government and the function of government we can have all the informations according to the government and its procedure and the steps taken by the government and its schemes
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2.4:- effect of state emergency-
The declaration of emergency due to the breakdown of Constitutional machinery in a State has the following effects:
.
4.2:-description of fundamental rights-
U.S.A. was the first country in the world to make a provision for the Bill of Rights for its citizens.
The Fundamental Rights are contained in Part III of the Constitution.The Fundamental Rights contain twenty four Articles from Article 12 to 35.In the above Articles not only the rights have been defined elaborately but limitations have also been laid down.
there are some restrictions too,Due to these very restrictions it has been contended them that the Indian Constitution which has granted the fundamental rights with one hand has taken them away with the other hand.
These Fundamental Rights can be suspended during emergency by the President of India under Article 359.
The Fundamental Rights are justiciable. Under Article 32 of the Constitution, a person can go to the Supreme Court for the enforcement of these rights. Similarly, under Article 226 a person can go to the High Courts for the enforcement of these rights within their territorial jurisdiction.
Following are the Fundamental Rights granted under the Constitution of India:
(i) Right to Equality
Articles 14 to 18 of the Indian Constitution have been devoted to the Right to Equality. This right ensures social and political equality to the citizens of India. The Right to Equality means the following things:
(a) Article 14 guarantees to all persons equality before the law and equal protection of laws within the territory of India. This Article asserts the supremacy of law or Rule of law.
(ii) Right to Freedom
Articles 19 to 22 of the Constitution cover the Right to Freedom. Out of these, Article 19 is the most important. Under this Article, the following freedoms are guaranteed to the citizens of India:
(a) Freedom of speech and expression;
(b) Freedom to assemble peaceably and without arms;
(c) Freedom to form associations or unions;
(d) States for one reason or the other. However, after 1995 the use of this provision has rarely been made.
3.NEED FOR FINANCIAL EMERGENCY IN INDIA-
Constitution, would cease to be a fundamental right and become only a legal right. Necessary amendments for this purpose are being made to article 19 and article 31 is being deleted.
A Proclamation of Emergency under article 352 has virtually the effect of amending the Constitution by converting it for the duration into that of a Unitary State and enabling the rights of the citizen to move the courts for the enforcement of fundamental rights---including the right to life and liberty---to be suspended. Adequate safeguards are, therefore, necessary to ensure that this power is properly exercised and is not abused. It is, therefore, proposed that a Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation.......
✌✌✌✌✌✌✌❤❤❤❤❤✨✨✨✨, hope it helps you please mark me brainlist friend
2.4:- effect of state emergency-
The declaration of emergency due to the breakdown of Constitutional machinery in a State has the following effects:
.
4.2:-description of fundamental rights-
U.S.A. was the first country in the world to make a provision for the Bill of Rights for its citizens.
The Fundamental Rights are contained in Part III of the Constitution.The Fundamental Rights contain twenty four Articles from Article 12 to 35.In the above Articles not only the rights have been defined elaborately but limitations have also been laid down.
there are some restrictions too,Due to these very restrictions it has been contended them that the Indian Constitution which has granted the fundamental rights with one hand has taken them away with the other hand.
These Fundamental Rights can be suspended during emergency by the President of India under Article 359.
The Fundamental Rights are justiciable. Under Article 32 of the Constitution, a person can go to the Supreme Court for the enforcement of these rights. Similarly, under Article 226 a person can go to the High Courts for the enforcement of these rights within their territorial jurisdiction.
Following are the Fundamental Rights granted under the Constitution of India:
(i) Right to Equality
Articles 14 to 18 of the Indian Constitution have been devoted to the Right to Equality. This right ensures social and political equality to the citizens of India. The Right to Equality means the following things:
(a) Article 14 guarantees to all persons equality before the law and equal protection of laws within the territory of India. This Article asserts the supremacy of law or Rule of law.
(ii) Right to Freedom
Articles 19 to 22 of the Constitution cover the Right to Freedom. Out of these, Article 19 is the most important. Under this Article, the following freedoms are guaranteed to the citizens of India:
(a) Freedom of speech and expression;
(b) Freedom to assemble peaceably and without arms;
(c) Freedom to form associations or unions;
(d) States for one reason or the other. However, after 1995 the use of this provision has rarely been made.
3.NEED FOR FINANCIAL EMERGENCY IN INDIA-
Constitution, would cease to be a fundamental right and become only a legal right. Necessary amendments for this purpose are being made to article 19 and article 31 is being deleted.
A Proclamation of Emergency under article 352 has virtually the effect of amending the Constitution by converting it for the duration into that of a Unitary State and enabling the rights of the citizen to move the courts for the enforcement of fundamental rights---including the right to life and liberty---to be suspended. Adequate safeguards are, therefore, necessary to ensure that this power is properly exercised and is not abused. It is, therefore, proposed that a Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation.......
✌✌✌✌✌✌✌❤❤❤❤❤✨✨✨✨, hope it helps you please mark me brainlist friend
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